The Crisis of Right to Informational Self-Determination versus the Crisis of Social Safety

• 영문명: The Crisis of Right to Informational Self-Determination versus the Crisis of Social Safety
• 발행기관: 위기관리 이론과 실천
• 저자명: 차동욱
• 간행물 정보: 『JSCM(Journal of Safety and Crisis Management)』Vol.13 No.2, 45~52쪽, 전체 8쪽
• 주제분류: 사회과학 > 행정학
• 파일형태: PDF
• 발행일자: 2023.02.28

영문 초록

The control of information about oneself has emerged as the most sensitive issue both personally and nationally in a digital information society. In the digital information society, the right to informational self-determination is very likely to emerge as a fundamental constitutional right to be the cornerstone of maintaining a free democratic system. As a guardian of constitutional rights, the Korean Constitutional Court has maintained an appropriate balance between guaranteeing the right to informational self-determination and social safety. This paper examines how the Constitutional Court allows restrictions on the right to informational self-determination by analyzing the details of the four-step review of the principle of prohibition of excessive restriction on cases of violation of the right to informational self-determination. Even if some flaws are often found in the process of the argumentation, the Constitutional Court's credit for properly balancing the right to informational self-determination and social safety as public interest should not be underestimated.

목차

Introduction

Meaning and Constitutional Basis of the Right to Informational Self-Determination

Argumentation Structure of the Principle of Excessive Restriction in Assessing the Scope of the Right to Informational Self-Determination

Cases in favor of Right to Informational Self-Determination

Cases in Favor of Social Safety

Conclusion

References

키워드

right to informational self-determination social safety constitutional court prohibition of excessive restriction